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HomeMy WebLinkAboutR-02-0168J-02-041 12/27/010 RESOLUTION NO. 02- _1 6 S A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED BANYAN BAY APARTMENTS REPLAT, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE SAID PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. WHEREAS, the Department of Public Works recommends the acceptance of the plat entitled BANYAN BAY APARTMENTS REPLAT; BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The plat entitled BANYAN BAY APARTMENTS REPLAT is a replat of the property described in Attachment 1, which plat by reference is made a part hereof as if fully incorporated herein, and subject to all of the conditions required by the Plat and Street Committee as set forth in "Exhibit All attached hereto, is accepted. The dedications shown on the plat together with the dedications to the perpetual use of the public of all existing and future planting, trees and CITY COMMSSION ME 's [ p FEB 1 4 2002 Uon kw; 02- isg shrubbery on said property are also accepted and confirmed by the City of Miami, Florida. Section 2. The City Manager and City Clerk are authorized and directed to execute the plat and cause the same to be recorded in the Public Records of Miami -Dade, Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. V. PASSED AND ADOPTED this 14th day of February____, 2002. ATTEST: Sy1 is Schex er Ac ing City Clerk APPR ED S TO,.MM AND CORRECTNESS: ELLO PITY ATTORNEY W5918 dd /1ANUEL A. DIAZ, MAY i/ if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission Page 2 of 2 02- jg8 TO: Pri; Cit FROM: Ale Cit DATE: Jur CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM RE: Corrected Scrivener's Error -Attachment Resolution No. 02-168, adopted February 14, 2002 (J-02-041) The Department of Public Works has advised us that Resolution 02-168, adopted February 14, 2002, contains a scrivener's error as the attachment to the Resolution identified as "Attachment 1" (a legal description of the Banyan Bay Apartments Replat) does not contain the correct legal description. The memorandum received by this Office from the Department of Public Works (attached) explains that the legal description was finalized the day preceding the day in which the City Commission approved the final plat of Banyan Bay Apartments Replat, so the incorrect plat was distributed in the Agenda Packet and attached to the Resolution. Please substitute the herein attachment to the document you presently possess as Resolution No. 02-168 and forward a copy of the Resolution and its attachments (Exhibit A is correct and is also an attachment) to this Office and to Frank R. McMahon, Jr., Senior Surveyor, Department of Public Works. This memorandum may be attached to Resolution No. 02-168 so that any concern regarding the substitution of said Attachment 1 is clarified. W720:BSS Attachment c: John H. Jackson, Director, Department of Public Works Frank R. McMahon, Jr., Senior Surveyor, Department of Public Works G. Miriam Maer, Assistant City Attorney 02- 168 iCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE. Miriam Maer Assistant City Attorney SUBJECT Law Department Frank R. McMahon Jr. FIJCLOSURES'. Senior Surveyor _ ___.----Public_Works.Department • March 14, 2002 FTE BANYAN BAY APARTMENTS REPLAT: Attachment 1 to Resolution No. 02-168 Please find attached the modified Attachment 1 (legal description) for Resolution No. 02-168, by which the City Commission approved the final plat of BANYAN BAY APARTMENTS RULAT. This modified Attachment 1 needs to replace the original Attachment 1 to said Resolution No. 02-168• The reason for the modified Attachment lcllithe City Commin the fact hssion approved the final plat the legal description was finalized the day preceding the day of BANYAN BAY APARTMENTS REPLAT. Thank you for your assistance in this matter. FM/rjf c: John H. Jackson, Director Leonard J. Helmers, Professional Engineer IV 02- 168 Attachment 1 Parcel I: Tract A, of "BANYAN BAY APARTMENTS", according to the plat thereof, as recorded in Plat Book 94, at Page 55, of the Public Records of Dade County, Florida; AND Parcel 1I: Lots 5, 6, 7 and 8, of "HURST & PIERATT SUBDIVISION", according to the plat thereof, as recorded in Plat Book 26, at Page 17, of the Public Records of Dade County, Florida; AND Parcel III: All of Lots 14, 16, 18, 20 and the West 112 of Lot 22, all less the South 5.00 feet thereof, and the East 112 of Lot 23, Lots 25 and 27 and the West 112 of Lot 29, less the North 5.00 feet thereof, of "FALLESEN PARK", as recorded in Plat Book 4, at Page 19 of the Public Records of Dade County, Florida. AND Parcel IV: All of Lots 9, 10, 1 1, 12, 13, 14 and 15, Block 2, "KNIGHT'S ADDITION to LEMON CITY", according to the plat thereof, as recorded in Plat Book A, at Page 26, of the Public Records of Dade County, Florida. AND Parcel V: A portion of the N.E. 63rd Street, as shown on the plats of "BANYAN BAY APARTMENTS", according to the plat thereof, as recorded in Plat Book 94, at Page 55, of the Public Records of Dade County, Florida, and "FALLESEN PARK", according to the plat thereof, as recorded in Plat Book 4, at Page 19, of the Public Records of Dade County, Florida, more particularly described as follows; COMMENCE at the Northwest corner of Lot 23 of the last described plat of "FALLESEN PARK"; thence N88deg24minOIsecE along the North line of said Lot 23 for a distance of 25.00 feet to the POINT OF BEGINNING; thence SOI deg53min43secE for a distance of 5.00 feet; thence N88deg24minO I secE for a distance of 150.00 feet to a point of curvature of a circular curve to the right concave to the Southwest and having a radius of 62.22 feet; thence Southeasterly along the are of said curve through a central angle of 21deg45min54sec for an are distance of 23.64 feet to a point of reverse curve with a circular curve to the left, concave to the West and having a radius of 50.00 feet, thence Southeasterly, Northeasterly, Northwesterly and Southwesterly along the arc of said curve through a central angle of 265deg39min4Osec for an arc distance of 231.83 feet to a point of reverse curvature with a circular curve to the right, concave to the Northwest and having a radius of 25.00 feet; thence Southwesterly along the are of said curve through a central angle of 63deg53min46sec for an are distance of 27.88 feet to a point of tangency; thence S88deg24minOIsecW for a distance of 124.52 feet; thence SOI deg53min43secE for a distance of 45.00 feet to THE POINT OF BEGINNING. Q2- 168 247230 2.DOC AND Parcel VI: The South 5.00 feet of Lots 14, 16 and the W '/2 of Lot 18 of "FALLESEN PARK" according to the plat thereof, as recorded in Plat Book 4 at Page 19 in the Public Records of Dade County, Florida. AND Parcel VII: The South 5.00 feet of: The West �/2 of Lot 22, Lot 20 the East %2 of Lot 18 of "FALLESEN PARK" according to the plat thereof, as recorded in Plat Book 4 at Page 19 in the Public Records of Dade County, Florida. 02~ 108 247236 2.DOC ATTACHMENT 1 Tract "A", BANYAN BAY APARTMENTS, as recorded in Plat Book 94 at Page 55 of the Public Records of Dade County, Florida; and Lots 5, 6, 7 and 8, "Hurst & Pieratt Subdivision", as recorded in Plat Book 26 at Page 17 of the Public Records of Dade County, Florida; and Lots 14, 16, 18, 20 and the West 2 of Lot 22, less the South 5 feet of the East % of Lot 18 and less the South 5 feet of Lot 20 and less the South 5 feet of the West % of Lot 22, and the East % of Lot 23 and Lots 25 and 27 and the West % of Lot 29, less the North 5 feet of the East % of Lot 23 and less the North 5 feet of each of Lots 25 and 27 and less the North 5 feet of the West % of Lot 29, "Fallesen Park", as recorded in Plat Book 4 at Page 19 of the Public Records of Dade County, Florida; and Lots 9, 10, 11, 12, 13, 14 and 15, Block 2, Knights Addition to Lemon City, as recorded in Plat Book A at Page 26 of the Public Records of Dade County, Florida; and all of that portion of NE 63 Street lying East of the Northerly extension of the West line of the East % of Lot 23, "Fallesen Park", as recorded in Plat Book 4 at Page 19 of the Public Records of Dade County, Florida; all lying in Section 18, Township 53 South, Range 41 East, City of Miami, Miami -Dade County, Florida. ©2- 168 OCITit'i of ORT-ali JOHN H. JACKSON, P.E. Director j e ruary 2, 2001 Great Atlantic Management 6301 Biscayne Boulevard, Suite 100 Miami, FL 33138 Dear Ladies and Gentlemen: F nm stop .Q BANYAN BAY APARTMENTS REPLAT - TENTATIVE PLAT #1536-0 CARLOS A. GIMENEZ City Manager The City of Miami Plat and street committee, at Its meeting of February 1, 2001, approved the above tentative plat subject to the following revisions being made to the tentative play, additional information being provided and/or variances being granted. Please be advised that the processing of your tentative plat cannot proceed until these conditions have been satisfied: 1. An opinion of title for the remnant of Lot 23 (Fallesen Park, Plat Book 4 at Page 19) and the adjacent property to the West must be provided. The opinion of title must be updated at the time of final plat submittal. 2. An emergency vehicle access easement with turnaround capabilities Is required. Contact Lt. William Richardson, Water Supply Officer, at 305.416.1679. 3. An opinion of title from the Trustees of the Internal improvement Trust Fund must be provided for the submerged land of Tract A of Banyan Bay Apartments, Plat Book 94 at Page 55. The letter submitted is not an Opinion of Title and, therefore, not acceptable. 4. Miami -Dade Water and Sewer Department will require exclusive easements for existing water and sewer mains along NE 63 Street. Contact Rafael Baliesteros at 305-665-7471. S. All property owners abutting NE 63 Street east of Biscayne Boulevard must join in and execute the plat. Please refer to Section 55-15(b)(3) of the City Code. 6. The plat restriction on the underlying plat of Banyan Bay Apartments concerning the submerged lands must appear on the final plat of Banyan say Replat. 7. Chain linked fence encroachments must be removed before final plat submittal. 8. Provide a Certificate of Good standing from the secretary of State and a copyof partnership papers for Atlantic Property Associates Limited Partnership. In addition to the above requirements, you should be aware of the following: 02- 168 DEPARTMENT OF PUBLIC WORKS 1444 S.W. 2nd AvenudMiami, Florida 3313OA305)416.1200/Fax:416-2153 Mailing Address: P.O. Box 330708 Mlami, Florida 33233-0708 Great Atlantic Management BANYAN BAY APARTMENTS REPLAT - TENTATIVE PLAT #1556-0 February 2, 2001 Page two 7. State and local laws require the installation of various physical Improvements In the public rights-of-way when property Is platted. These subdivision Improvements include paving, drainage, landscaping, sidewalks, etc. In some cases this could represent a substantial Investment on your part. 8. The alteration, relocation or Installation of utilities such as storm and sanitary sewers, electric, telephone, water, etc., caused by this plat will be at the property owner's expense. Also, utility easements may be required on the property being platted. 9. A building permit will not be Issued on the property being platted until the final plat Is recorded. Also, the Certificate of occupancy for any building construction will be Issued only after all the required subdivision Improvements have been completed. 10. Approval for fire flow requirements must be obtained from the Fire -Rescue Department prior t0 the Issuance of a building permit. 11. Additional Items must be provided to the City of Miami Department of Public Works before the final plat is submitted to the City Commission for approval. You will be notified In writing as to what these items are after the amount of the bond has been determined for the necessary subdivision improvements. 12. Tentative plat approval Is only valid for one (1) year from the date of the Plat and Street Committee meeting at which time it was approved. If you have any questions concerning these requirements, please refer to the attached sheet for the appropriate person to contact. Sincerely, John H. Jacksor/P.E. Acting Chairman, Plat and Street Committee JHJ/rjf Enclosure: Contact Sheet c: Ford, Armenteros & Manucy Edgewater Bay Holdings, L.C. 1950 N.W. 94 Avenue, 2t° Fl. Go Mark Greenberg Miami, FL 33172 400 East Randolph, Ste 2817 Chicago, IL 60601 Atlantic Properties Associates Limited Partnership 2 Eaton Street, suite 1100 Hampton, VA 23669 Plat and Street committee Members bc: Surveys Civil Engineering Central 02- 168 CITY OF MIAMI, FLORIDA 13 INTER -OFFICE MEMORANDUM To The Honorable Mayor and DATE : Jk�� I l 2u�2 FILE Members of the city Commission � FRO' Car os A. Gi nez City Manager RECOMMENDATION: SUBJECT:BANYAN BAY APARTMENTS REPLAT Resolution Accepting Proposed Record Plat Located along REFEFIENCNE 62 St., NE 63 St. & NE 64 St. Between East of Biscayne EIVCLOSU lvd. & Biscayne Bay It is respectfully recommended that the City Commission adopt a resolution accepting the plat BANYAN BAY APARTMENTS REPLAT and approving F recording the same in the Public Records of Miami -Dade County, Florida. BACKGROUND: The Department of Public Works has reviewed this plat, and has determined that it is jaow in order for acceptance by the City Commission. The specific intent of this plat is to close and vacate a portion of NE 63 Street and to create an easement upon which a security house can be constructed. The proposed record plat entitled BANYAN BAY APARTMENTS REPLAT is a replat of the property described in the attached Legal Description. The area platted consists of one (1) tract containing approximately 534,678 square feet (12.27± acres). It is zoned R-3. Also attached are the following documents necessary for the City Commission to consider in making their decision. ;., 1) Resolution accepting the Plat 2) Engineering Report 3) Plat and Street Letter 4) Print of Proposed Record Plat CAG/ FKR/ JUJ j c: John H. Jackson, Director, Public Works Department 02- 1 8 r. y